What Happens After a Deposition in a Medical Malpractice Case?

August 30, 2016

A deposition is a question and answer session outside a courtroom. Normally, an attorney will ask you questions and you respond honestly under oath. Everything that is said during a deposition is recorded by a court reporter who will later transcribe the data into a complete document. The injured party, health care provider, and witnesses are required to answer questions in a deposition for a medical malpractice lawsuit.

Medical Malpractice
All health care providers must adhere to the minimum standards of care. In a medical malpractice case, a health care giver is accused of creating harm because the treatment he/she gave fell below the threshold. If you decide to file a lawsuit, then you become the plaintiff whereas the health care provider you are suing becomes the defendant. The whole process of civil proceedings includes pleading, discovery, summary judgment, and trial, in that arrangement.

Discovery Phase
During this phase, both the defendant and the plaintiff collect evidence to build their case. A deposition is one of the procedures undertaken during this phase. The aim of a deposition is to uncover what the parties and witnesses know about the plaintiff’s injury. The health care provider and the defendant’s witnesses are usually questioned by the plaintiff’s attorney. The plaintiff and his or her witnesses will also have to be questioned by the defendant’s attorney. Where more than two parties are involved, all the parties and their lawyers can attend the deposition and ask questions.

After a Deposition
After the deposition ends, the court reporter prepares transcripts of the deposition and sends copies of the complete documents to the medical malpractice lawyers Toronto. Once the defendant and the plaintiff receive the transcripts of the deposition, they will go through them to ensure there are no errors and prepare for the next stage of litigation. While a deposition is carried out outside of court, it is a sworn statement that can be used as evidence in the summary judgment, trial, or settlement.

Uses of Deposition Testimony
Deposition testimony can be used in the summary judgment phase before trial. Here, a medical malpractice attorney for either party files a written document with the court asking the judge to dismiss part or all of the claims in the legal suit. Summary judgment is used to simplify or avoid a full trial, especially when claims made do not meet certain legal requirements. When a court gives summary judgment, the claims are cancelled. People can also use deposition to settle cases before it goes to trial. However, if a case proceeds to trial, the parties can use deposition to discredit each other or their witnesses.

The Difference Between Medical Errors and Negligence in a Medical Malpractice

August 25, 2016

When something goes wrong during surgery or another medical situation, it can be devastating. The doctors want to help, but sometimes the results are more devastating than the patient’s condition before the procedure. So what happened? How do you know if it was “just one of those things” that can happen or if it was negligence on the part of the doctor? Here are some ways to help determine the difference.

It is estimated that 28% of injuries that occur in health care are due to negligence. The other 72% of injuries are caused by unforeseeable circumstances that are not the doctor’s fault. For example, if a doctor prescribes a patient penicillin and the patient has an allergic reaction that turns rather serious, this is not necessarily the doctor’s fault. Was there any reason that the doctor would know the patient was allergic to the drug? If not, the doctor followed all proper procedure and did nothing negligent. If, however, the patient had filled out on their paperwork that they were allergic to penicillin and a previous hospitalization had shown a similar reaction in the past, the doctor will be responsible. The main thing that makes an injury to a patient negligent is if it was reasonably preventable by the doctor.

Common Errors that Result in Medical Malpractice:

  • medication errors
  • anesthesia errors
  • surgery errors
  • childbirth injuries
  • misdiagnosis

Let’s say that you think that you or a loved one were victims of medical negligence. How does somebody prove this? A medical expert witness is hired specifically for this task. They can use their medical background to look at the facts of the case and determine whether they think that there was negligence involved or not. Medical malpractice experts are reliable and honest. They come in handy, because they will help your lawyer determine whether you have a case or not. Sometimes, this is easy to determine. However, in most cases, your lawyer will have to fight to prove the case. The expert is one of his best weapons.

Do not wait to see what happens before calling a lawyer in your medical malpractice case. Even if you are unsure if your case qualifies, talk to a lawyer to find out today. They can help you gather the information that you need to get the compensation that you deserve. We put our lives in the hands of our doctors. When they let us down, it’s important that we get what we deserve. Visit JD.MD, Inc. if you would like to learn more.

The Differences in Personal Injury Claims

August 20, 2016

Following a significant injury, most people find themselves on the fence when it comes to hiring personal injury lawyers. Some feel they don’t need to pay someone if they have been injured, as the case is crystal clear already. More often than not, those people are wrong. There is a lot of red tape and legal procedures required to move through before any type of settlement can be acquired from the party responsible for the injury. There are true benefits to hiring an experienced personal injury lawyer for the same reason why there are so many types of personal injury cases. Each one is different and required specific circumstances to conclude.

Defective Products

One of the single most common instances of personal injury claims within the United States stems from defective products being sold to the general public. All products are required to pass safety certifications before being sold and used as intended. Sometimes, however, a batch slips through the process. This sometimes ends with an injured individual suing the company responsible for the product. The manufacturer is almost always held liable for negligence in producing the product and selling it across the world. When this happens, you can hire personal injury lawyers can recover all damages you’ve paid in court.

Dangerous Drugs

Prescription drugs are one of the most common products manufactured and sold around the world. Most companies are involved in extensive research and testing periods before they ever release their drug to the general public. Unfortunately, some unsafe drugs are often released, and these can cause serious harm and sometimes even death in some circumstances. This always leads to litigation in the form of a lawsuit against the drug company. Some parties may be able to bring a private lawsuit against the company, too.

Slip and Fall

Slip and fall personal injuries are at the top of the list when it comes to personal injury claims. These generally occur at work, stores, or other public places. These environments have a duty to protect their patrons by caring for their facility. When someone slips and falls on the premises, the business is at fault and will pay the damages of the injured party. You can almost always recover the damages from your injury in this instance.

Medical Malpractice

Medical malpractice is one of the most serious cases of personal injury law. Doctors are required under the law to provide competent care to their patients without bringing them harm. Should harm arise from malpractice, however, the injured individual can bring about a malpractice lawsuit to recover all monetary damages inflicted through the mistake your doctor made.

You see, there are so many types of personal injuries that it really does pay to hire an experienced attorney who can handle your case. They have seen it all and handled it all.